Posted on September 20, 2023 in Criminal Law

There are a few defenses available to someone who may be facing intent to distribute drug charges in Texas. These defenses include lack of intent, entrapment, and illegal search and seizure.

Drug charges in Texas are very serious. It is important to speak with an experienced criminal defense attorney when facing such charges. Ensure that you consult with an attorney who can help you understand the charges against you and come up with a suitable defense strategy.

What is Possession with Intent to Distribute?

Possession with intent to distribute is a charge under the Texas Controlled Substances Act, which prohibits the possession, manufacture, or distribution of controlled substances. To be convicted of possession with intent to distribute, the prosecutor must prove that you knowingly possessed a controlled substance with the intent to distribute it.

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 Posted on September 06, 2023 in Divorce

Divorce can be a difficult and emotional time, and the division of debt can add to the stress. In Texas, debt acquired during the marriage is considered marital debt, and it will be divided between the spouses, regardless of who incurred it. However, there are some exceptions to this rule.

To better help you understand these exceptions, you should hire a Texas family law attorney. An attorney can help you understand your rights and options and negotiate a fair settlement with your spouse.

Marital Debt vs. Separate Debt

There are generally two kinds of debt: marital debt and separate debt. Marital debt is debt that was incurred by either spouse during the marriage. This includes credit card debt, student loans, car loans, and mortgages.

Marital debt may also not be subject to include debt that was incurred by one spouse while the other was physically or mentally incapacitated. 

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 Posted on August 23, 2023 in Uncategorized

When on probation in Texas, it is important to be aware of the protocol for violating your probation proceedings. These proceedings are delicate matters and can be intimidating as well. However, understanding the guidelines can safeguard your rights.

Proper Investigation

The first step in a probation violation proceeding is an investigation conducted by the probation officer. They will examine the alleged violation and assess if there is enough evidence to proceed with a hearing. If the probation officer believes there's sufficient evidence, they will file a petition for a probation violation hearing.

A Formal Hearing

The probation violation hearing is a formal event held in front of a judge. During this hearing, the judge will listen to statements from the probation officer, the prosecutor, and you. You will have the chance to present evidence and witnesses to defend yourself. Subsequently, the judge will determine whether you violated the terms of your probation.

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 Posted on August 14, 2023 in Child Support

Texas law makes much about paying child support as automatic as possible. Not only is there a set formula for determining child support, but it is automatically paid, so long as you have a job. Most child support orders are satisfied by directly subtracting the amount from your paycheck. However, your paycheck could also be garnished when you owe child support. 

Most Child Support Is Paid Through Wage Garnishment 

Under the Texas Constitution, wages can only be garnished for unpaid child or spousal support. It does not matter whether the child support is owed in Texas or another state. Your employer could receive a garnishment order that they must enforce by withholding some of your paycheck. 

Now, all child support orders in Texas call for automatic garnishment from your paycheck unless the payor shows good cause or the two parents reach a mutual agreement. Instead of writing a monthly check to the other parent, the money comes straight from your check and is given directly to the other parent through the Child Support Division. Garnishment is just a way of saying that child support is taken directly from your paycheck right when the money is earned. While the word garnishment has a negative connotation, it can actually ensure that you pay child support in full and on time. Either way, it will be how your child support is paid. Nearly 80 percent of Texas child support is paid through garnishment. 

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 Posted on July 30, 2023 in Divorce

Domestic violence is a pervasive issue that affects millions of individuals worldwide. While the immediate victims of domestic violence undoubtedly suffer the physical and emotional consequences, often overlooked are the silent witnesses—children who are exposed to these traumatic events. It can have long-term, serious consequences on a child's development and general health. People seeking a divorce to get out of situations involving domestic violence should have the help of an attorney who understands the way domestic violence is handled from a family law perspective and from a criminal defense perspective. 

The Consequences of Children Exposed to Domestic Violence

Children who observe domestic violence may suffer severe psychological trauma. Anxiety, sadness, and post-traumatic stress disorder (PTSD) can result from constant exposure to fear, aggressiveness, and instability.

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 Posted on July 13, 2023 in Criminal Law

In alleged drug crimes, law enforcement often finds the evidence that they are relying on to make their case in the defendant’s car. Police do not have an unlimited right to search your car, however, especially when they do not have a search warrant. But there are some exceptions that allow them to search your car during a traffic stop. If you have been arrested for items found in your vehicle, a drug crimes defense attorney could possibly help you have evidence against you suppressed if it has been illegally seized.

Police Can Search Your Car with Probable Cause

Without a warrant, police must have probable cause to conduct a search of your person, residence, or possessions. Probable cause is defined as a reasonable person believing that a crime was in the process of being committed, had been committed, or was going to be committed. However, there is an exception to the requirement to obtain a search warrant when there are exigent circumstances. When you are driving a car, there is a high probability that police might think whatever evidence of a crime is there might disappear if they are not able to immediately search your car. So when police have probable cause, they can carry out a reasonable search of your car, which can even include your trunk. 

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 Posted on June 30, 2023 in Traffic Law

Commercial driver’s license (CDL) holders are subject to specific regulations and responsibilities while operating commercial vehicles. In Texas, CDL violations can have serious legal and professional consequences. Suppose you are a commercial truck driver facing a CDL violation. In that case, it may be wise to contact a lawyer, as doing so may go a long way in protecting yourself professionally and legally. 

Reporting CDL Violations in Texas

As a CDL holder in Texas, you have a legal obligation to report any CDL violations to your employer. The Federal Motor Carrier Safety Administration (FMCSA) mandates that CDL holders notify their employers within 30 days of receiving a conviction for any traffic violation, regardless of whether it occurred while driving a commercial or personal vehicle. Failure to report violations can result in penalties and potential job consequences. 

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 Posted on June 14, 2023 in Family Law

In Texas, a sole managing conservatorship is a legal arrangement where one parent has the exclusive rights and responsibilities for a child. While joint conservatorship is the preferred option in most cases, there are situations where a sole managing conservatorship may be more appropriate. If you are going through a divorce and have concerns regarding child custody and other matters related to family law and divorce, contact a lawyer to secure the legal guidance you can rely on.  

Circumstances Where a Sole Managing Conservatorship Makes Sense 

• Absence or unfitness of the other parent – A sole managing conservatorship may be appropriate when the other parent is absent or deemed unfit to fulfill their parental obligations. This could be due to various factors, such as substance abuse, a history of neglect or abuse, or a pattern of unavailability or disinterest in the child’s well-being. In such cases, granting a sole managing conservatorship to the more capable and responsible parent ensures that the child’s best interests are protected.

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 Posted on May 23, 2023 in Child Custody

In Texas, unmarried and divorced parents are often subject to a child custody order. While the terms “child custody” and “visitation” are still sometimes used in casual conversation, Texas law specifically refers to custody issues in terms of “conservatorship” and “possession and access.”

Texas courts allow modifications of a child conservatorship or possession and access order in certain situations. However, you will need to meet specific criteria to be granted a modification. Read on to learn more.

A Custody Modification Must Be in the Child’s Best Interests

In any child-related legal matter, Texas courts are primarily focused on doing what is best for the child. For the court to grant you a custody modification, you will need to demonstrate that the modification is in the child's best interests. Additionally, you will need to prove that at least one of the following is true:

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